Choo v Zhang (No 2) [2016] NSWCA 301

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Choo v Zhang (No 2) [2016] NSWCA 301 Hearing dates: On the papers Decision date: 03 November 2016 Before: McColl JA Sackville AJA Decision: 1. Set aside Orders 4, 5 and 6 made on 5 August 2016.

2. In lieu thereof, make the following orders:

4. In lieu of Orders 5 and 6 made on 18 January 2016, order that, subject to order 7 made on 18 January 2016, the Respondents' (Plaintiffs') claims against Mr Choo (Third Defendant) be dismissed. 5. In lieu of Order 9(c) made on 18 January 2016, there be no order as to the costs of the Respondents' claim in the District Court against the Appellant, with the intent that each of the parties bears their or his own costs. 6. The Respondents pay 70 per cent of the Appellant's costs of the appeal. Catchwords: COSTS – whether issues severable such that usual rule that costs follow the event should be departed from Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 20.26; 20.27; 36.16(a); 36.16(3A); 42.1; 42.14 Civil Procedure Act 2005 (NSW) s 98(1) Cases Cited: Choo v Zhang [2016] NSWCA 193 Barwon Region Water Authority v Aquatec-Maxcon Pty Ltd (2007) 17 VR 480; [2007] VSCA 186 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 Category: Principal judgment Parties: Hin Tee Choo (Appellant) Guofeng Zhang (First Respondent) Sharon Zhang (Second Respondent) Representation: Counsel: Mr T Lynch SC / Mr R Chia (Appellant) Mr J Giles SC / Mr H Grace (Respondents)